/ 28 August 2009

JSC drops Hlophe probe

The Judicial Service Commission (JSC) said on Friday it would not proceed with a formal investigation into a gross misconduct complaint against Western Cape Judge President John Hlophe.

The JSC found there was no prima facie evidence that Hlophe sought to influence Constitutional Court judges on pending judgements against Jacob Zuma, before he became president.

JSC spokesperson Advocate Marumo Moerane said the commission also decided to drop its investigation into a counter-complaint by Hlophe against the judges for going public with their charges.

”The decision was to drop the charges and the counter-complaint because in the view of the commission proceeding with the matter would have been futile in that it would not have amounted into a guilty finding of gross misconduct,” Marumo said.

The widely expected decision brings to an end a 15-month dispute between Hlophe and the judges of the Constitutional Court, and boosts his hopes of being appointed to the highest court in the land.

Hlophe’s ambitions of becoming chief justice were thwarted this month when Zuma nominated Judge Sandile Ngcobo for the post.

Hlophe has, however, been nominated for a position as Constitutional Court judge. — Sapa